Big Decision Of Allahabad High Court, Cancellation Of Notification To Include 18 Castes Of OBC In SC List
Prayagraj, 31st August 2022: Allahabad HC has canceled the notification to include 18 castes of OBC in the SC category. Apart from the SP, the Yogi government had also issued a notification to include these castes in the SC category.
Allahabad High Court has quashed the notification to include 18 castes of OBC in the SC category. According to sources, during the rule of Samajwadi Party and Yogi government, a notification was issued to remove these 18 castes from OBC and include them in SC. On January 24, 2017, the High Court had stayed the issuance of certificates to these castes.
These castes include Majhwar, Kahar, Kashyap, Kewat, Mallah, Nishad, Kumhar, Prajapati, Dhivar, Bind, Bhar, Rajbhar, Dhiman, Batham, Turha Godiya, Manjhi and Fisher castes. The petitioner had argued in the court that only the Parliament of the country has the right to include any caste in SC, ST or OBC. According to sources, in the last days of its tenure, the Akhilesh government issued a notification on 22 December 2016 to include 18 castes in the Scheduled Castes. An order was issued by the Akhilesh government to all the DMs of the district that all the people of this caste should be given SC certificate instead of OBC.
Later, the Division Bench of the Allahabad High Court stayed this notification on 24 January 2017. On June 24, 2019, the Yogi government of UP once again issued a new notification to remove these castes from OBC and put them in the SC category. It was argued on behalf of the petitioner in the High Court that the list of Scheduled Castes was prepared by the President of India. Only the Parliament of the country has the right to make any changes in it. The states have no right to amend it in any way.
